Dangling Conversations

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How legally binding are EULA's?

Posted 11 Nov, 2005 at 04:53 by blue in /Technical | Permanent link

For those who aren't normal denizen's of this place... EULA means End User Licence Agreement and is the thing that most people ignore when it pops up during their software installation.

According to an article on zdnet.com one company who makes spyware is sueing a company who makes anti-spyware software because in the EULA they specifically say 'you can't use this software for anti-spyware research'... meaning, that if you can detect it, you must have researched it.

Depending on how the courts rule on this, it could open up a big loophole in EULA's or even make them essentially meaningless.

Comments (2 comments so far)
End user?
I wonder if they could consider themselves as something other than end users. And perhaps they have have actually examined the software without installing it or agreeing to the EULA.
Posted 2005/11/11 23:57:33 by Brent
An alternative
If the spyware company does not provide an uninstaller for their software they are in violation of some laws (primarily in other countries) about essentially hijacking a user's computer and interfering with their ability to use it and potentially reducing the level of security available on the system.

If a user went to the anti-spyware company for the service of having the spyware removed, then I don't think the anti-spyware is in violation since they are now providing a service at the end user's request. If anyone is in violation in this circumstance it would be the end user requesting the service.

Posted 2005/11/13 01:00:22 by Brent
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